S-1985               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5561

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Barr, Sutherland, Benitz, Vognild, DeJarnatt, Sellar, Hansen, Bauer, Patterson and Nelson)

Read first time 2/28/89.

AN ACT Relating to upland fin-fish rearing facilities; amending RCW 90.48.160; adding a new section to chapter 90.48 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 90.48 RCW to read as follows:

          (1) The following definition shall apply to this section:  "Upland fin-fish hatching and rearing facilities" means those facilities not located within waters of the state where fin-fish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.  This shall include fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facilities.

          (2) Not later than September 30, 1989, the department shall adopt standards pursuant to chapter 34.05 RCW for waste discharges from upland fin-fish hatching and rearing facilities.  In establishing these standards, the department shall incorporate, to the extent applicable, studies conducted by the United States environmental protection agency on fin-fish rearing facilities and other relevant information.  The department shall also issue a general permit as authorized by the federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by September 30, 1989, for upland fin-fish hatching and rearing facilities.  The department shall approve or deny applications for coverage under the general permit for upland fin-fish hatching and rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW.  The department shall notify applicants for coverage by a general permit as soon as it determines that a proposed discharge meets or fails to comply with the standards or general permit conditions set forth pursuant to this section, or that a time period longer than one hundred eighty days is necessary to satisfy public participation requirements or the state environmental policy act.

        Sec. 2.  Section 1, chapter 71, Laws of 1955 as last amended by section 3, chapter 155, Laws of 1973 and RCW 90.48.160 are each amended to read as follows:

          Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from either the department or the thermal power plant site evaluation council as provided in RCW 90.48.262(2) before disposing of such waste material:  PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system.

Except as provided herein, the department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes ((into publicly operated sewerage systems)) for:

          (1) Categories of or individual municipalities or public corporations operating sewerage systems; or

          (2) Any category of waste disposer;

if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter.  The department shall require permits, without exception, for any waste disposer required to obtain a permit under the federal clean water act's national pollutant discharge elimination system.  The department may require a permit for any individual discharger if it determines a permit is necessary for effective implementation of this chapter.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.